The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19
THE PROCEEDINGS In DETAIL.
THE SENATE.
An Interesting Scene Brought Ont by an
Arbitrary Ruling.

Arbitrary Ruling.
The Senate yesterday was opened with prayer
by Rev. Mr. Whitworth, of the Seventh Presby-
terian Church, after which the President pro
ference concerning the contested election cases
in the two houses: Howard, of Decatur French
Cox, Dresser and Macy.
Mr.. Winter presented preamble and resolu-
ton. and moved its adoption, reciting that
Jan. A. G. Smith was elected President of the
Senate to I'LL the vacancy caused by resignation
of Leutenaut-goveruor Manson, aud that
the Senate has declared the election of Robert
S. Robertson to the Office of Lieutenant-gove
or to be invalid. therefore, the said Smith has
continued to act presiding officer which 10 one
of the functions Of the Liutenant-goveraor, and
the Constitution provides that no person charged
with functions in one department. shall exer-
else the function of another department, and
that the President of the Senate shall only vote
in committee Of the whole or in case OF tie:
therefore. resolved that it is the sense of this
Senate that Alonzo g. Smith is not entitled to
vote as a Senator, except in committee Of the
whole and in case of tie. The President pro
tenn. referred the resolution to the committee on
elections without debate
Mr. Winter raised the point of order that the
question was on his motion to adopt the resolu-
ton. and that could be superseded only by mo-
ton to amend. He protested against the action
of the Chair IN arbitrarily disposing of his mo-
ton by referring his resolution to a committee.
The President pro tenn. stated that the court
of Marion county had already passed upon this
question-not upon part of it, but upon the
whole question-that the election of Lieutenant
governor in November, 1886, was uncopsttu-
tional and void: that the present occupant of
the hair is both de facto and de jure President
of the Senate: held by virtue of election to
that Office Senator by the Senate, which in
no sense disoualifes him from acting as q Sem
ator.
Mr.. Winter-This resolution is not addressed to
the Chair-it is addressed to the Senate, and it
is not in order for the Chair to dispose of it
summarily. If it is to be understood that when
ever proposition is offered that is distaeteful to
the majority that it may be ruled out of order
by the Chair, there is no more proper tine to
know that than right now.
The President pro tem.-If a bad precedent
was necessary to sustain the Chair in anything
| he has done he would not have to go further
| than the House of Representatives to get it.
Mr.. Trippett moved to refer the resolution to
| the committee the judiciary, and on that mo-
| ton demanded the previous question.
Mr.. Campbell had no knowledge Of any per-
son sitting in judgment upon his own right to
| vote.
| The President pro tem.-Tne President Of the
Senate did not seek to sit in jud gment upon the
resolution and for that reason referred 1t to the
| committee on elections without debate. The
| question is not an open question-it is already
settled by the court, and the roll has been called
| the last time upon Il unless you get the Supreme
| Court to vote upon it. If tine Senator from
Hendricks is right, every time this body is with
| ont acknowledgements and q Senator is
| called to preside. he is deprived of his vote. The
| o ct OF the resolution is to make a pretended
| case to present to the United States Senate and
| that is all there is about it.
| Mr. Winter-We understand the Chair claims
that he has succeeded to the Office of Lieutenant
| governor. This is grave question, and one on
| which we are entitled to have the Judgment Of
| the Senate.
The demand for the previous question was
| seconded and the main question ordered by yeas
&C. nays A. and the motion to refer the resolu
| TO wa ad tn bx
| the same vote.
Mr.. johnson, under Rule 10 of the Senate re
earded the statement made by the Chair, tina
| the whole purpose of this resolution was to make
a in the United States Senate as state
ment impugning the motives of Senators
The President pro tem.-The Chair intended
no reflection upon the Senator from Marion o.
any of his colleagues, when he said the objec
United States Senate The Chair said 'spre
tended" case and the Chair thinks he has a RICH
to state what he understands to be the object o
the resolution. The Senator from Wayne ha
the assurance Of the Chair that nothing was in
tended to reflect upon him officially, or upol
any of his colleagues
Mr.. Cox, from a special committee recon
mended the appointment of two additions
pages.
On motion of Mr.. Drake. the President pr
TEN. appointed John Hoffman ana Richar
; Brown.
Mr.. Campbell offered a preamble and resolr
|
twenty five Senators to be elected every tw
= years to>serve for term of four years; that 81
{ w. Brown was elected from the counties c
Allen and Whitley when twenty five Sen ato1
were elected in 1884, that he has never resigne
nor been commissioned to hold any other ofic,
though appointed postmaster, an Office he coul
: accept only upon confirmation by the Senate {
: the United States, which nomination has nj
!, | been confirmed; that part of the voters in sal
!. senatorial district elected l. B. Mcdonald, win
), now occupies the seat Of said Eli W. Brown, an
! by said pretended election twentv-six Senator
i were elected at the November election in 1881
which is in violation of the letter and the spir
i. of the Constitution, therefore,
8 Resolved, That Eli w. Brown is the duly elect
q Senator and that said l. McDonads name
:, stricken from the roll of the Senate.
Is Mr. Fowler moved its reference to the jut
p ciary committee.
% Mr. Campbell thought the Senate could iu
]. as well pass Judgment upon this question no
e as hereafter. II there can be State Senat
n elected to fill vacancy, why not Lieutenar